The Imperial Edict, issued after the Diet of Nuremberg and dated February 8, 1523, had decreed, that the Gospel should be preached agreeably to the teaching of the Christian Church.
At the Diet of Nuremberg, in 1524, it had been enacted that the edict against Luther promulgated at Worms was to stand and to be enforced as far as was possible; the Pope was also to be requested to summon a General Council to meet in Germany, but, before this, it was to be decided at a religious convention, meeting at Spires in the same year, what attitude should be assumed towards the doctrines called into question. Against this decree Luther published an angry, turbulent pamphlet entitled, “Two unequal and contradictory commands.”[1107] He therein showed that the orders of the Diet were self-contradictory; for it was absurd to uphold the Edict of Worms in all its severity and yet at the same time to reserve the decision regarding Luther’s doctrine to the assembly at Spires.[1108]
He went, however, much further and attacked the authority of the Estates and of the Emperor. On the other hand, at the conclusion of the Diet, the Dukes William and Lewis of Bavaria, and twelve bishops of South Germany, at the instance of Lorenzo Campeggio, the Papal Legate, and Archduke Ferdinand, had met together and agreed to carry out the Edict of Worms as far as they were able, and at the same time to inaugurate a wholesome reform of morals amongst both clergy and people. “By means of this agreement the temporal and spiritual Princes hoped to maintain unimpaired the religious unity of the German Nation and to insure internal tranquillity in their dominions.”[1109] Dissension for a while prevented others from joining the league.
The indecision of the Diets was due not only to lack of unity among the Catholics, but to a variety of other causes: to political considerations, the state of general unrest, the need of adopting measures against the Turks, the apprehensions of the Estates, and, finally, to religious indifference.
The Diet of Spires, in 1526, decreed in language no less ambiguous, that the Edict of Worms was to remain in force until a General Council could be summoned, and that the sovereigns and Estates of the Empire should “live, govern and conduct themselves as they hoped to answer for it to God and His Majesty [the Emperor].” This cannot be read “as implying that the evangelicals were given a formal right to separate themselves from the communion with the Church and to set about the work of reformation on their own account.”[1110]
The Diet held subsequently at Spires, in 1529, opposed the anti-Catholic interpretation placed on the resolutions of 1526 and the way in which they had been enforced. It pointed out the inconveniences which had been their result, and sought earnestly to improve the position of affairs.[1111] The article of 1526, it declared, had been interpreted, during the time that had since elapsed, in a most regrettable manner, “as an excuse for all sorts of shocking new doctrines and sects” and had served as a cloak for “apostasy, strife, dissension and wickedness”; wherefore it was to be rescinded and certain other enactments put into force.
Then follow the resolutions of the Diet of Spires, accepted by the Catholic majority and published with the Imperial sanction, against which the Lutheran Princes and Estates raised the “Protest” from which Protestantism took its name.
Foremost among these resolutions is the following: Those who had previously adhered to the Edict of Worms, “are determined to abide by the same until the future Council shall be convened and to insist upon their subjects doing so too.” Further, it was enacted by the Estates, that, “where the new teaching had been introduced and could not be abolished without notable revolt, trouble and danger,” “novelties” were to be avoided until the assembly of the Council. Thirdly, in places where the new teaching was in force the Blessed Sacrament in particular was not to be assailed or preached against (as it was by the Zwinglians), neither were people to be hindered from attending Mass. After more stringent measures had been sanctioned against the Anabaptists and “those who attempted to stir up the people to revolt against the authorities,” for the preservation of peace in matters of religion it was further determined that, “no ruler might take the subjects of another ruler under his protection whether for reasons of belief or for any other.” What had been enacted at Worms was to remain in full force, but “if any Estate should commit a deed of violence” the Kammergericht was empowered to pronounce sentence of outlawry on the offenders.
The latter enactments were occasioned by the preparations made by the Lutheran Estates to unite themselves still more closely in a common League.